Petr Fabian
Author’s affiliation: Faculty of Law, Charles University

Possible Review of the Unfairness of Arbitration Clauses within the Meaning of Council Directive 93/13/EEC in Proceedings Concerning the Enforcement of an Arbitration Award in the Czech Republic

Jurisprudence 2/2018 Section: Articles Page: 25–31

Keywords: unfairness, arbitration, clause, enforcement

Abstract: Council Directive 93/13/EEC and the associated case law of the Court of Justice of the European Union state that it should be possible to review unfairness, in the sense of Article 3 (1) of the Directive, of arbitration clauses ex officio even during the enforcement of the arbitration award. The topic of this article is whether the legal order of the Czech Republic allows such review and whether the aims of Council Directive 93/13/EEC as to the possibility of this review have been achieved in the Czech Republic. The conclusion is that full transposition of the Directive as to the review of the unfairness of arbitration clauses during the enforcement of an arbitration award has not been achieved and sufficient review is not possible. This issue is still topical despite of the prohibition of arbitration clauses in consumer contracts under the current legislation, considering the continuous enforcement of arbitration awards based on arbitration clauses under the previous legislation.